Tuesday, 19 February 2019

CORPORATE UPDATES 19.02.2019





COMPANIES EMBRACE NEW NORM THAT SPLITS CMD POSTS

More than two-thirds of India’s top publicly-traded companies have separated the positions of chairman and managing director (CMD), although the deadline to comply with the rules is more than 13 months away. That leaves just 156 of the BSE 500 companies to still untangle the role of CMD as of 15 February, compared with 291 in July last year, according to Prime Database, a primary market research tracking firm. The idea behind the separation of the two positions is to bolster corporate governance. The separation of powers, according to some experts, increases the effectiveness of the board’s oversight role A third of the companies that have not complied with the rule so far are public sector enterprises or state-run banks. Although companies still have time to meet the April 2020 deadline, most firms, save for some family-run and government-controlled firms, have started the process of splitting the two positions. India’s most valuable company Reliance Industries Ltd, the country’s third and fourth largest information technology services firms, HCL Technologies Ltd and Wipro Ltd, respectively, and JSW Steel Ltd are among the companies that need to comply with the new rules The four, along with 90 of India’s largest publicly traded companies, have members of the promoter group holding both the chairman and MD titles. Promoters still appear to be looking at how else they can retain maximum power over their firms and so a perceived reluctance on their part to split the titles, said the head of a proxy advisory firm, on condition of anonymity. But most companies have initiated efforts to comply with the rules. One of the most recent examples is Persistent Systems Ltd, a software services company based in Pune. Chairman and MD Anand Deshpande last week decided to relinquish his role as MD. Christopher O’Connor will take over as chief executive on 26 February. The transition will take at least six months. So we decided to start the process a year in advance, said Deshpande. At Persistent, Deshpande will transfer his CEO responsibilities to O’Connor, who joins the company on 25 February, over the next three quarters. Persistent, Yes Bank Ltd and Tata Coffee Ltd are some of the 135 companies that have, over the past seven months, separated the CMD role. This was after the Securities and Exchange Board of India approved many of the recommendations made by a 25-member panel led by Uday Kotak, chief executive of Kotak Mahindra Bank. One of these recommendations was the contentious issue of a company splitting the role of CMD. More companies of the remaining 156 in the list could split the CMD roles during the annual general meetings later this year. I expect that during the July-August period when most companies hold their AGMs (annual general meetings), more companies will put this proposal of splitting the role of chairman and managing director before their shareholders, said Shriram Subramanian.
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HOME BUYERS SEEK PARTICIPATION IN BUILDER'S BANKRUPTCY

A group of home buyers of Navi Mumbai-based Monarch Developers have filed an intervention application against the builder at the National Company Law Tribunal, which is hearing an insolvency petition against the builder. As many as 1,500 under-construction flats have been sold by the developers spread across Navi Mumbai. These people, who see little hope of getting possession of their flats, have filed an application at the court seeking participation in the case. We are representing certain home buyers and have filed an intervention application in NCLT for intervening in the company petition filed by Capri Global under the Insolvency and Bankruptcy Code, to protect their interests in this matter, said Vinay Chauhan. Home buyers have prayed that the court direct the interim resolution professional (IRP) to ensure that the interest of the home buyers are not compromised, if the court admits the case. They have sought a court order directing financial creditors to amend/rectify the application in case there is a disclosure in the application, stating that the flats belonging to the applicants are part of security obtained by it from the corporate debtor. Flat buyers have also prayed the court to instruct the IRP to judiciously and scrupulously scrutinise all the claims made by the financial creditor.
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NCLAT: CASE PENDING UNDER NEGOTIABLE INSTRUMENTS ACT NOT A DISPUTE

The National Company Law Appellate Tribunal (NCLAT) recently held that if a case is pending under section 138/141 of the Negotiable Instruments Act, 1881 (NIA), it cannot be held to be a dispute pending before a court of law The pending case amounts to admission of debt and not the existence of a dispute. In Sudhi Sachdev v APPL Industries Ltd, NCLAT was considering an appeal against an order passed by the National Company Law Tribunal (NCLT), New Delhi bench. NCLT had allowed the application filed by APPL Industries (the operational creditor) under section 9 of Insolvency & Bankruptcy Code, 2016 (IBC), and also passed an order of moratorium. On appeal, Sudhi argued that a dispute already existed because APPL had already instituted a case under section 138/141 of NIA, which was pending in Gurgaon. A proceeding under section 138 is a civil case for recovery of money, therefore, in view of the pending outcome of the case, an application under section 9 of IBC could not be sustained NCLAT, however, did not agree with the contention and held that under section 8 of IBC, the corporate debtor is to bring to the notice of the operational creditor the existence of a dispute or the record of a pending suit or arbitration proceedings, which is preexisting i.e., before such notice or invoice was received by the corporate debtor within a period of 10 days of receipt of the demand notice or a copy of the invoice mentioned in sub-section (1). If there is existence of such a dispute, the operational creditor does not fall within the realm of the IBC. NCLAT held that in the present case, it was not in dispute that there was a debt payable to the operational creditor and default on the part of the corporate debtor.
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NEED TO STRENGTHEN CORPORATE INSOLVENCY RESOLUTION PROCESS: ICRA

There is a need to strengthen the insolvency resolution process by having deterrents against failure or delays in implementing resolutions plans, a report said Monday. In the last two years, Insolvency and Bankruptcy Code (IBC) was implemented, three concluded corporate insolvency resolution process (CIRPs) being brought back to the National Company Law Tribunals (NCLTs), it said. The need of the hour is to strengthen the (resolution) mechanism to ensure that the resolution plans approved by the National Company Law Tribunal (NCLT) are firmly implemented so that the sanctity of the process is maintained The three cases which came back to NCLTs went into liquidation, domestic rating agency ICRA said. The government should set up strong deterrents to ensure that the resolution applicants do not default on their proposed plans, through measures like a penalty amount linked to the realization promised to the creditors under the resolution plan or barring the resolution applicant from participating in any future CIRPs, it said. The deterrents would make resolution applicants more cautious and sincere, and reduce instances of completed CIRPs being brought back to the NCLT benches which are already over-burdened with cases, it said. It also cited the case of Amtek Auto, where the company was deemed to have completed its CIRP with the recovery of Rs 4,330 crore to financial creditors, but the resolution plan got approved one full year after admission to NCLT. The agency said 600 cases have been closed under the IBC by various NCLT benches but only 82 CIRPs yielded a resolution plan. The completion of a CIRP with acceptance of a resolution plan approved by the Committee of Creditors has turned out to be a time-consuming affair with certain corporate debtors requiring even more than 500 days to close the CIRP, Dafria said.
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JAYPEE INFRATECH LENDERS DISCUSS BIDS BY NBCC AND SURAKSHA ASSET RECONSTRUCTION COMPANY

Lenders of Jaypee Infratech met on February 18 to discuss the resolution plans submitted by two shortlisted bidders - state-owned NBCC and construction company Suraksha Asset Reconstruction Company - to take over the realty firm and complete stalled projects some of which have been delayed by over a decade. The Committee of Creditors (CoC) has recommended that a forensic audit of the company's accounts be conducted as per the demand of homebuyers, sources told. Both bids were presented to COC and negotiations are likely to commence soon. One of them will eventually be shortlisted and would be put to vote by March-end. The COC also agreed to put to vote homebuyers' request for a forensic audit. It would be put to vote next week between Wednesday (February 27) and Saturday (March 2), the source said. At the meeting, interim resolution professional Anuj Jain provided a status update on the resolution process. A request from authorised representatives of the homebuyers for conducting a fresh forensic audit was also heard. Homebuyers were represented by Kuldip Verma. According to sources, NBCC has offered Rs 1,000 crore upfront to lenders and Rs 2,150 crore to homebuyers. It has offered Rs 3,000 crore in land deals to lenders, and said that the projects would be completed in four years.
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ANIL AMBANI GROUP FIRMS SURGE AFTER AGREEMENT WITH LENDERS ON PLEDGED SHARES

Anil Ambani-controlled Reliance Communications Ltd, Reliance Power and Reliance Infrastructure Ltd, Reliance Capital Ltd and Reliance Naval and Engineering Ltd on Monday surged intraday over 17.64%, 14.71%, 11.88%, 11.51% and 9.94%, respectively, after ADAG firms reached an agreement with more than 90% of lenders under which they won’t sell any shares pledged by promoters until September Under the pact, the group will pay the principal and interest amounts to the lenders as per the scheduled due dates, while it has also appointed investment bankers for part placement of the group's direct 30% stake in Reliance Power to institutional investors, Reliance Group said. The investment bankers will begin road shows for the share placement, they added. Some of the key lenders include Templeton MF, DHFL Pramerica MF, Indiabulls MF, IndusInd Bank and Yes Bank. While the group's loan exposure to L&T Finance is nil now, it is about 150 crore in case of Edelweiss, against which Reliance Power has also complained to capital markets regulator Sebi and has filed a case in the Bombay High Court as well.
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INFOSYS SETTLES CASE WITH SEBI, PAYS RS 34 LAKH

IT major Infosys has settled with Sebi a case of alleged disclosure lapses regarding severance payment made to its former chief financial officer Rajiv Bansal. The company paid Rs 34.35 lakh to settle the case with the markets regulator, according to an order. The watchdog had issued a notice seeking to initiate adjudication proceedings against the company in November 2017. The notice related to Sebi examining the scrip of Infosys during which the issues pertaining to severance payment to Bansal was also looked into. Bansal resigned from the company on October 11, 2015, according to the order. During the examination, prima facie, it was found that the severance payment was made without prior approval of audit committee as well as nomination and remuneration committee. These were violations of various listing norms. In December 2017, Infosys filed an application under the settlement mechanism. The company in its meeting with the regulator's internal committee in February 2018 proposed to pay Rs 34.35 lakh towards settlement charges. The amount was approved by the panel of whole-time members of Sebi, the regulator said in an order dated February 15.
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FTIL TENDERS APOLOGY FOR TAKING 31 CR FROM NSEL

Financial Technologies (India) Limited (FTIL), which is now known as 63 moons, has tendered an unconditional apology for receiving 31 crore as part of a business settlement in 2013 from its embattled subsidiary, National Spot Exchange Limited (NSEL). The case relates to an illegal transfer of fund by NSEL to FTIL, despite a Bombay High Court order that restrained the former from selling or transferring any of its assets after it failed to settle trade worth 5,600 crore on its platform. Last November, the Bombay High Court issued a show-cause notice to FTIL for contempt of court. The court will consider FTIL’s apology, along with a separate affidavit, to be filed by NSEL on February 22. The money transferred to FTIL was part of a procurement, which was never under any dispute, said NSEL in its affidavit filed late last month. FTIL said that NSEL had sourced cotton for National Agricultural Cooperative Marketing Federation of India by using working capital raised from HDFC Bank through a corporate guarantee agreement of 31 crore signed by FTIL. After the settlement crisis in NSEL, HDFC Bank had invoked the corporate guarantee of FTIL. Subsequently, NSEL had received 65 crore from Nafed for fulfilling the cotton procurement contract and transferred 31 crore due to FTIL in 2013. However, by way of abundant caution and due deliberations, FTIL had returned 31 crore to NSEL on January 25, 2019. If the court comes to the conclusion that orders have been breached, FTIL said the breach as alleged was ‘inadvertent’ and ‘unintentional’ Further, it said it had tendered an unconditional and unqualified apology for breach of orders passed by the court and pleaded discharge of the show-cause notices.
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MALVINDER: FOR SPIRITUAL SEAT, SHIVINDER ALLOWED DHILLON TO SIPHON OFF 8,646 CRORE

After years of speculation that Gurinder Singh Dhillon, head of Radha Soami Satsang Beas (RSSB), a North India-based spiritual commune, received thousands of crores from the Singh brothers of Ranbaxy, Malvinder Singh has now detailed how money allegedly flowed from his companies to the ‘spiritual leader.’ In a complaint this month to the Economic Offences Wing (EoW) of the Delhi police, Malvinder accused his younger brother, Shivinder, the Dhillon family and the former head of Religare Enterprises, Sunil Godhwani, of criminal conspiracy, cheating and fraud for allegedly siphoning off thousands of crores from RHC Holdings, the group’s holding company that once promoted Fortis Hospitals and Religare. Loans extended to the Dhillon family reached 5,481 crore and Malvinder was repeatedly threatened whenever he tried any recovery. The complaint has various ledger details, bank account statements and email correspondence between the associates of Dhillon, Shivinder and Malvinder. It claims that apart from loan termed as ‘Part 1’, the total outstanding from Dhillon as on March 2016 stood at 8,646.47 crore. Part 2 included investments held for Dhillon and losses proportionate to his shareholding parked with (Singh brothers) for business reasons. Shivinder initiated these actions and permitted siphoning and malfeasance of funds with the ulterior motive of gaining control of the seat of the spiritual head of RSSB, which was promised to him by Dhillon in lieu of the financial gains, the complaint states. According to Malvinder, the genesis of the fraud can be traced to Godwani’s induction into Fortis Finance (now Religare) in 2001 and later RHC (which he managed), both at the behest of Dhillon. Being a member of Fortis Healthcare and SRL boards, Godhwani was also a key decision maker in the financial affairs of these companies and controlled the subsidiaries of RHC. After their father’s death, the Singh brothers considered Dhillon as a ‘guide.’ The complaint says Shivinder acquired six companies belonging to Dhillon and his associate Rajveer Singh Gulia to absorb the loans into the books of RHC. Also, Shivinder unilaterally signed a purported family settlement with Dhillon to absolve him of any wrongdoing and Malvinder was threatened to do the same. Malvinder has said in his correspondence he was shocked to know that companies acquired by RCH were not going concerns by 2017-18. How can this happen so quickly? he wondered. Malvinder states that Dhillon wrote to him seeking discharge from the liabilities.
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FORTIS FRAUD MAY EXCEED 2,000 CRORE, SAYS SFIO

The alleged funds diversion at Fortis Healthcare Ltd could add up to more than 2,000 crore according to the trail of funds uncovered by the Serious Fraud Investigation Office (SFIO), a government official said. The Securities and Exchange Board of India (Sebi), too, suspects that the total size of the Fortis fraud could be much higher than the 403 crore it originally estimated, a second person familiar with the development said, requesting anonymity. Sebi has already passed an order against Fortis to recover 500 crore from the Singh brothers for funds diverted to the promoter and promoter-related entities in December. Some of these facts also emerged from the complaint filed by Malvinder Singh with the Economic Offences Wing in Delhi and findings by SFIO. These depict a dark picture of a series of transactions between RHC Holding Pvt. Ltd, the holding company promoted by brothers Malvinder and Shivinder Singh, wherein RHC extended loans worth 5,482 crore to Dhillon family members, their associates or entities controlled by them. This is independent of the 1,006.3 crore allegedly provided by Fortis and Religare Enterprises Ltd, another company controlled by the Singh brothers, to the six promoter-related entities. The funds belonged to shareholders of Fortis and Religare, among others. This came to notice during an assessment, as Malvinder Singh claimed in his complaint, conducted after an audit found these companies under heavy debt. Malvinder Singh claimed his brother Shivinder connived with Dhillon to sell these firms to RHC, thus putting more strain on the holding company. Malvinder Singh added that the companies were acquired without any legal due diligence execution of agreements and any check on their businesses. The twist in the tale came when Dhillon sought to discharge himself from the said liabilities, asking the Singh brothers to sign a family settlement that would encompass no legal proceedings or criminality in any circumstance against him. According to the proposed settlement, Shivinder Singh was offered a position to head the Radha Soami Satsang Beas sect—one that Dhillon would abdicate. In return, the Singh brothers were to write off these loans as bad debt.
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GAURS' LAST BID FOR JAYPEE INFRA

The Gaurs, the promoters of Jaypee Infratech, on Monday made a last-ditch effort to regain control of the debt-laden company that is facing insolvency by offering to settle the dues to lenders led by IDBI Bank. Jaypee Infratech, with debt of close to Rs 10,000 crore, had been referred for insolvency action in August 2018 and the lenders had earlier rejected the promoters' bid to acquire the company under the resolution process. The offer was spurned as section 29A of the Insolvency and Bankruptcy Code (IBC) explicitly bars the promoters from being considered for the resolution process. This time, the Gaurs have suggested that they will settle the dues of lenders under section 12A of IBC, banking sources said. The sources said that Manoj Gaur made a presentation before the committee of creditors on Monday. While the committee comprising bankers and home buyers heard out Gaur, it is unlikely to consider the offer as NBCC and Suraksha Asset Reconstruction Company have moved ahead with the financial bids that have already been opened, a banker said. The Ruias of Essar Steel had recently made a similar offer even though lenders had backed ArcelorMittal's bid for the company. The offer had been rejected by the banks, which cited a court ruling to back their argument.
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RISE IN PLEDGED SHARES BY PROMOTERS PUTS DALAL STREET ON THE EDGE

Promoters of India Inc continue to rely heavily on share pledging to raise debt for funding their core and non-core business activities. According to the data analysed from Capitaline, the promoters pledged more than Rs 1.2 trillion worth of shares in 2018-19, 60 per cent higher than the previous year’s tally. So far in 2019, more than Rs 16,000 crore worth of shares has been pledged by the promoters. The data analysis takes into account the value of shares reported by the listed companies to the exchange as part of their pledge creation disclosures. Industry observers say structured deals, involving loans against shares (LAS), have led to a spurt in share pledging. Domestic mutual funds (MFs) are active participants in such deals with their exposure ranging between Rs 25,000 crore and Rs 30,000 crore. Sources say such deals have come under the scanner of the Securities and Exchange Board of India (Sebi), which is engaging market players to assess the wider risks for the market. The rise in the value of pledged shares could also be due to the margin calls getting triggered as the heavily-pledged companies have seen sharp sell-off. Most of the leveraged companies have seen sharp erosion in their share prices. Also, the promoter pledging is quite high in the mid- and small-cap stocks. These stocks have corrected 30-50 per cent in the last few months, which must have triggered margin calls, said G Chokkalingam. The data shows that promoters of mid- and small-cap companies’ have pledged more than Rs 77,000 crore worth of shares in FY19, which accounted for 62 per cent of the total value of the promoter shares that got pledged in the same period. The rise in promoter pledging not only poses higher risks for lenders and borrowers, but also puts the minority shareholders at a disadvantage, say experts. The rise in promoter pledging shows how the lines between promoters’ personal wealth and shareholders’ wealth in promoters’ listed companies is blurring. This is a worrying trend from the standpoint of governance standards within corporate India, said Amit Tandon. With markets expected to remain volatile, promoters and lenders exposed to the industrials and materials space can face brunt of the price erosion of the pledged shares. According to an Edelweiss note, promoter pledges in industrial and material space are highest at Rs 48,100 crore and Rs 38,700 crore, respectively.
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RBI BOND PURCHASES POINT TO A LIGHTER INTERVENTION IN INDIA'S FOREX MARKET

While the Reserve Bank of India’s (RBI’s) forex interventions are primarily done to manage the currency, they lead to big swings in the banking system’s liquidity. Dollar purchases by the central bank infuse rupee liquidity into the system and vice versa. Of course, the two tools are used depending on whether currency management or liquidity management is topmost on the agenda. Even so, activity in one of them has a bearing on the other. Ergo, the planned quantum of bond purchases by RBI in February indicates that the central bank did not have much work in the forex market in the past two months. RBI has committed to buy 37,500 crore worth of bonds this month. While that is lower than the 50,000 crore it had bought in the previous three months, open market operations (OMOs) remain high.
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RBI RAP ON YES BANK ON NPAS CONFUSES BANKERS

Bankers are flummoxed by RBI’s warning to YES Bank for making public its zero divergence in NPAs in the fiscal 2018. The RBI’s harsh view of YES Bank’s move has confused lenders on whether it is a good practice to disclose NPA divergence, even though regulatory guidelines make it compulsory to disclose it in their notes to accounts. The RBI’s reprimand to YES Bank is strange because banks have been making their NPA divergence numbers public. We are still trying to figure out what it means for us because there has been very rarely such harsh public communication by the central bank, said a top risk officer at a private sector bank. The assessment of divergence is based on information shared with banks followed by meetings of RBI officials with bank executives in the bank’s premises. These meetings culminate with a supervisory meeting chaired by an RBI executive director in the RBI to take the bank’s views before the final report is prepared. RBI has not taken kindly to YES Bank’s off-results declaration NIL divergence is not an achievement to be published and is only compliance with the extant Income Recognition and Asset Classification norms. The RAR identifies several other lapses and regulatory breaches in various areas of the bank’s functioning and the disclosure of just one part of the RAR is viewed by RBI as a deliberate attempt to mislead the public, RBI said. The banker cited above said the RBI report highlights the governance, credit risk and operational risks for a bank. This communication is confidential between the bank and RBI It is possible that YES Bank has been pointed out lapses on that front which it ignored. But it is true that divergences have been declared by other banks recently, he said. A Jefferies analyst said RBI’s harsh view could be an attempt by the RBI to defend its decision not to extend CEO Rana Kapoor’s term by alluding to lapses, despite giving a clean chit on NPL divergence. But we do not view its disclosure as out of line with peers. ‘Nil’ divergence is a major positive and ticks an important box in terms of investment rationale, Jefferies said.
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COC MAY HOLD MORE MEETS WITH TWO JAYPEE INFRATECH BIDDERS

The Committee of Creditors (CoC) overseeing Jaypee Infratech’s insolvency resolution process is likely to hold more meetings with two bidders before deciding, two people with direct knowledge of the development said. In a meeting on Monday, the lenders discussed the bids received from state-run construction company NBCC and Suraksha Asset Reconstruction Company. Both bidders made separate presentations to the CoC Lenders are likely to negotiate with both the bidders separately and these meetings will be held over the next two to three weeks. Jaypee Group promoter Manoj Gaur was also present in meeting, said one of the persons mentioned above. Anuj Jain, the insolvency resolution professional (IRP), had shortlisted four players — NBCC, Kotak Investment, Singapore-based Cube Highways and the Suraksha Group — and asked them to submit their resolution plans by February 15. According to the persons mentioned above, as part of its proposal, NBCC has offered to hive off Taj Expressway and give it to lenders. The value of the road project is over Rs 6,000 crore given the toll collection. NBCC has asked lenders to provide Rs 2,000 crore in lieu of this project. Half of this will be returned to lenders as part of repayment package and balance will be used for completion of projects, estimated to cost Rs 1,500 crore. NBCC has also offered to give 1,400 acres as debt-asset swap and is looking to build homes in these stuck projects in four years. CoC had called for the presentations from the bidders and we made our presentation today. Although I cannot share details of our commercial proposal because of confidentiality, but I can certainly say that we are confident of delivering the flats ahead of the times frame we have proposed, Anoop Kumar Mittal, told. Suraksha ARC, as part of its bid, offered debt asset swap to lenders in addition to an upfront payment of around Rs 20 crore. Suraksha’s debt-asset swap plan does not include the road projects and offers only land parcels.
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MERGER OF THREE GENERAL INSURERS LIKELY IN FY20

The proposed merger of the three state-owned general insurance firms will happen only in the next fiscal said two government officials aware of the developments. We will further bring down the losses before setting up a combined entity said one of the officials. The government had announced merger of National Insurance Company, United India Insurance Company and Oriental India Insurance Company in the Budget 2018. The government has now directed these firms to make their operations more efficient and low cost while the companies are also looking at monetising their assets including real estate to raise revenues, the official said. The other official said the government is also looking at issues such as the need for a review of the HR practices across the three firms. Right now there are no synergies, the official said. Any merger will further impact the commercial interest of these insurers. The government had plans to list the merged entity. In 2017-18, it had listed National Insurance and General Insurance Company, divesting 11.65% and 12.5% stakes, respectively, in the two companies.
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SBI DOES NOT HAVE ANY HEADROOM TO CUT DEPOSIT RATES: CHAIRMAN RAJNISH KUMAR

State Bank of India, the country's largest public sector lender, currently does not have any headroom to cut deposit rates and thus cannot cut its base lending rate, Rajnish Kumar told. The issue is that we need to cut the rate on the deposit if we need to cut the MCLR, said Kumar, adding this is not possible as other banks are currently offering significantly higher interest rates on deposits and these would need to get slashed first in order for SBI to react.
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INDIAN REAL ESTATE CAN EVOLVE INTO TRILLION DOLLAR ECONOMY

Globally, real estate development is an important parameter to measure economic growth If one just looks at the demand for homes in India, the growth potential is huge. Initiatives by the government, including ‘Housing for All by 2022’ offers major growth potential not just for the sector, but also for economic development and GDP growth. Indian real estate is the engine which will power the Indian economy into the ‘big league’ From the ancillary industries that it supports to job creation – easily the next in line after agriculture and manufacturing – Indian real estate has the potential to reach the magic figure of ‘trillion dollars’. A KPMG Report released at NAREDCO and APREA’s Real Estate & Infrastructure Investors’ Summit in Mumbai last year stated that the Indian real estate will be a $1 trillion industry by 2030 This will propel it to being the third largest economy globally – and this growth will be driven by not just the huge demand for homes, but also new and emerging asset classes within real estate, such as affordable housing, co-working spaces, warehousing and logistics, among others. The ‘grease’, which will ensure this happens easily, is the post-RERA transparent regulatory environment powered by the economic and taxation reforms. Estimates suggest that from $120 billion in 2017, the sector should grow to $650 billion by 2025. During this period, its contribution to GDP is estimated to go up from the present 7 per cent to 13 per cent. Even as the new paradigm in post-RERA scenario ensures this does happen, we also need to factor in ground realities that will play a major role. Creating jobs is another aspect where real estate powers the economy, and will help achieve the ‘trillion dollar’ target. The third largest employer, it employs over 50 million at present. From being an unorganised sector traditionally, Indian real estate has become more organised, transparent and now offers a safe and secure environment – ideal for investment that drives growth.
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SUPREME COURT REFUSES TO STAY CCI MONSANTO PROBE

The Supreme Court on Monday refused to stay a Competition Commission of India (CCI) investigation into the alleged anticompetitive policies followed by Monsanto and the role played by its officers and directors. A bench led by Justice SA Bobde, sitting alongside Justice Deepak Gupta, rejected a plea by senior advocate Dhruv Mehta against the Delhi High Court order of December 18, 2018. Mehta argued that company officials and directors were being called to supply information even before having been held guilty. But Justice Bobde wouldn’t hear of it. No status quo, stay is required qua individuals, he said, as nothing is happening (against them). Held guilty is far away. It may never happen. Don’t allow yourself to feel the pressure, he said, when Mehta insisted. The bench, however, issued notices on the petition and directed that it be tagged for hearing with the company’s appeal pending in court against the probe. Senior advocate Jayant Bhushan.
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HDFC BANK HAS NO PLANS TO CUT DOWN BRANCH EXPANSION TO FOCUS ON TECH: CEO

Largest domestic lender from the private sector space, HDFC Bank, does not intend to cut down on branch expansion a top official said Monday. It can be noted many banks globally are focusing on technology more than the physical presence in recent times. He said the bank will give a choice to the customers, who can transact either through mobile phone or a laptop or visit a branch.
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LARSEN & TOUBRO STOPS DISCLOSING ORDER SIZE AMID INTENSE COMPETITION

Larsen & Toubro has changed its practice of disclosing order details to keep competitors from gauging its pricing strategy — a development that is a statement to the intensity of competition in the sector. L&T, the bellwether for the construction and engineering sector in India, is closely tracked by shareholders, analysts and competitors and is often seen as a proxy for India’s infrastructure growth story. But with competition heating up at a time when the total order pie has already shrunk, the industry leader has taken a break from its tradition of giving details of order wins, and is instead only giving a broad range of the order size. L&T said, L&T has revised its new order disclosure format to protect its competitive interests. We will continue to guide our stakeholders by providing order value range. For years, L&T has been periodically announcing its orders. In most cases, it gives details of the customer and the exact financial consideration for the job won, unless there is a confidentiality agreement or the job is sensitive in nature. The company has now decided to only give a price range. L&T reported a decline in order inflows in the third quarter of 2018-19, and its management had then said that domestic orders have slowed down. But the company had left it order inflow growth guidance of 10-12% for the fiscal year unchanged.
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ARCELORMITTAL OFFERS RS 4,800 CRORE FOR ESSAR MAHAN UNDER OTS: POWER FINANCE CORPORATION

Steel giant ArcelorMittal has proposed a resolution offer of Rs 4,800 crore to lender of stressed Essar Mahan power project, over 37 percent higher than offered by the promoter Essar Group. Essar Group has made a resolution offer of Rs 3,500 crore under one time settlement (OTS) scheme for Essar Mahan, which is a 2x600 MW coal based power plant situated in Madhya Pradesh. Besides PFC, other lenders to Essar Mahan are ICICI Bank, which is the lead bank, Punjab National Bank (PNB), Rural Electrification Corporation (REC). The total debt of the power plant is of Rs 7,500 crore.
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BEWARE OF THE ANY DESK APP, WARNS RBI

If you get any pop-up to download an app called ‘Any Desk’ to your mobile from Play store or App store, beware. It could be a fraud to rob you off your financial information and then funds. In an alert sent to banks, the Reserve Bank of India (RBI) has warned that a new modus operandi to commit fraud on digital payment ecosystems has been noticed and fraudulent transactions using Unified Payment Interface (UPI) are increasing. Fraudsters would lure victims to download the ‘AnyDesk’ app using some pretext. A nine-digit app code will be generated on user’s device which the fraudster would ask the victim to share and this would will be followed by request to grant permissions. Once done, victim’s mobile is virtually in the hands of fraudster with the all key data. In no time, the victim’s money is gone from a transaction from their own device! The modus operandi can be used to carry out transactions through any mobile banking and payment related app including UPO, wallets etc., RBI said while asking banks to take steps to create customer awareness to minimise/eliminate frauds. The mobile-based transactions on the UPI platform have been witnessing surge in 2018. As per National Payment Corporation of India data, the total value of transactions during 2018 had gone up to 5.79 lakh crore as against 56,670 crore in 2017. The amount transacted through the UPI platform witnessed a growth of more than 10 times, with the number of transactions increasing eight times in 2018 over the previous year.
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REMOTE ACCESS APPS USED TO STEAL MONEY FROM BANK ACCOUNT

A new fraud has emerged where the customer is led to install a third-party app which provides access to the bank account. A Bengaluru-based former bank official lost Rs 1 lakh after fraudsters gained access to his phone by getting him to download an app that allows for malicious access. Narayan Hegde, a retired Syndicate Bank officer, was swindled after he installed the AnyDesk app. Hegde was an e-wallet user and needed help in restoring the app on his new phone. He called one of the numbers that showed up after an online search for the mobile wallet’s helpline. The party at the other end directed Hegde to download the AnyDesk app and asked him to forward a hashed string text that he received. Soon after he did this, money was withdrawn from his account in a series of debits. When he contacted his bank’s branch, he was informed that the money was transferred to an Aditya Birla Payments Bank account using the Unified Payments Interface (UPI) platform. While five transactions were made to withdraw Rs 1.24 lakh, the fraudsters were successful in debiting only Rs 1 lakh. However, Hegde received alerts for just two of the five transactions. Banks shouldn’t make their clients run around and should follow the RBI guidelines to pay up customers when they fall prey to such frauds. Even former bank employees are not spared, said Prashant Mali. He added that the finance ministry should follow up with banks’ management teams for compliance with the RBI guidelines to compensate victims of such frauds. Incidentally, two days after this incident, the RBI cautioned banks on the new modus operandi to commit fraud in digital payments. The banking regulator said that fraudsters were luring victims to download the AnyDesk app from the various app stores. Besides obtaining permissions from the users, it would generate a nine-digit code which, if shared, provided the fraudster with access to the victim’s mobile. The RBI noted that there are other apps similar to AnyDesk that provide remote access to devices. According to the RBI, this modus operandi can be used to carry out transactions through any mobile banking and payment-related apps, including UPI and e-wallets.
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FACEBOOK BEHAVED LIKED 'DIGITAL GANGSTERS' BY FLOUTING PRIVACY LAWS: UK MPS

A scathing British parliamentary report on Monday branded Facebook digital gangsters that knowingly violated data privacy and competition laws Lawmakers' 18-month investigation into disinformation and fake news also accused Facebook of failing to faithfully fight Russia's alleged attempts to influence elections. Cultural select committee chair Damian Collins said Facebook deliberately sought to frustrate our work by giving incomplete, disingenuous and at times misleading answers to our questions. Facebook co-founder and chief Mark Zuckerberg turned down three requests to appear before the committee. Companies like Facebook should not be allowed to behave like 'digital gangsters' in the online world, considering themselves to be ahead of and beyond the law, the report said. Social media companies cannot hide behind the claim of being merely a 'platform' and maintain that they have no responsibility themselves in regulating the content of their sites. The committee urged a compulsory code of ethics for all tech companies that would be overseen by an independent regulator. It said Facebook should be obliged to take down sources of harmful content and disinformation. We further recommend that the Government launches an independent investigation” into past elections - including the UK election of 2017, the UK Referendum of 2016, and the Scottish Referendum of 2014 - to explore what actually happened with regard to foreign influence, the report said.




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CS Meetesh Shiroya

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